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Tuesday, 20 March 2018


Russia brings the competence of the International Court into question

2008-12-11 17:30

Russia should send its address to traverse an action of Georgia to Russia by the UN International Court, brought on August, 12th , before early December 2009, said Rosaline Higgins, the International Court President, to RIA-Novosti.


Russia can send its address within three months after Georgia gives written documents on the action, she added.

According to the decree issued by Higgins on December, 2nd, Georgia should give its so called pleading with arguments before September, 2nd 2009.

After this date the three-month term is counted. Within this term Russia must bring its counter arguments in writing.

Russia can formulate its preliminary objections to the action - basing on opinion that the International Court has no jurisdiction to examine the action or plaintiff's statement is not admissible.

Russia's pleading with counter arguments must be brought before July, 1st, 2009.

If Russia brings its address with objections before early December 2009, the court will consider the question of its competence and admissibility off the action. Otherwise Georgian action will be considered, and public hearings will begin in a few months after the last pleading brought.

Usually they last from two to six weeks, then the court examines the action and works out the decision at the closed sessions. The whole procedure may take two or three years.

Let us remind that in its action Georgia charges Russia of violation of International Convention on the Elimination of All Forms of Racial Discrimination.

Russia thinks that the International Court has no jurisdiction over this action, since the dispute between Moscow and Tbilisi concerns not racial discrimination, but use of force. Russia never took responsibility to present such disputes to the International Court.


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